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Journal articles on the topic 'Curator in bankruptcy'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

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1

Yuhelson, Yuhelson, and Muhamad Adystia Sunggara. "The Curator Responsibility of the Loss of Wealth Bankrupt Limited Company." Proceeding of Community Development 2 (February 21, 2019): 37. http://dx.doi.org/10.30874/comdev.2018.74.

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Curators can be personally liable if they make a mistake or negligence outside the provisions of the Bankruptcy Act and PKPU which causes losses to bankrupt assets. If the curator has carried out his duties in accordance with the provisions of the Bankruptcy Act and PKPU, then if a loss arises from bankruptcy, he does not have to be personally liable and the loss will be charged to the bankrupt assets. In connection with the personal responsibility of the curator, in addition to being able to be held accountable civilly it is possible for the curator's actions to be held criminally accountable

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2

Simanjuntak, Ranto Parulian. "CURATORS ARE VULNERABLE TO BE CRIMINALIZED AND CRIMINATED IN BANKRUPTCY AND PKPU PROCESSES." Global Legal Review 3, no. 2 (2023): 141. http://dx.doi.org/10.19166/glr.v3i2.7424.

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<p>The Curator is one of the important organs in the debt settlement process between debtors and their creditors through bankruptcy law instruments. Based on Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU), the Curator is given broad and broad duties and powers in managing and settling the assets of a bankrupt debtor. Because since being declared bankrupt by the court, the debtor has lost his right to manage his business and assets. The duties and authorities to administer the business and assets of the bankrupt debtor rest in the hands of

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3

Yuliyanto Waisapi, Jefri. "The Role of Curators and Liquidators In Solving Problems Insolvent Limited Liability Company." Eduvest - Journal of Universal Studies 3, no. 2 (2023): 477–90. http://dx.doi.org/10.59188/eduvest.v3i2.760.

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This study aims to review and analyze the role of curators in insolvency in limited liability companies, as well to review and analyze the role of liquidators in the settlement of assets bankrupt limited liability companies. By using normative legal research methods, which use secondary data based on primary legal sources, secondary legal materials and tertiary legal materials, data collection through literature studies or document studies, as well qualitative analysis. The results showed that the curator's decision in bankruptcy in limited liability company begins in the process of managing a

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4

Sukardi, Didi. "THE LEGAL RESPONSIBILITY OF DEBTOR TO PAYMENT CURATORS IN BANKRUPTCY SITUATION." Jurnal Pembaharuan Hukum 8, no. 2 (2021): 142. http://dx.doi.org/10.26532/jph.v8i2.15905.

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The Law on Bankruptcy and the Obligation to Postpone Debt Payment does not explicitly stipulate that the obligation to pay the Curator's fee is borne by the Applicant, the Debtor or the Applicant and the Debtor jointly. The obligation to pay the curator fee is imposed through the determination of the Court of Judges who decides the bankruptcy case on the Curator's Application based on the details submitted by the Curator after hearing the considerations of the Supervisory Judge. The approach method used is a normative juridical approach the curator fees. according to Act No. 37 of 2004 concern

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5

Tryandari, Maya. "Legal Protection for Bankruptcy Curators in the Resolution of Bankruptcy Cases." Journal of Law and Legal Reform 2, no. 3 (2021): 421–38. http://dx.doi.org/10.15294/jllr.v2i2.46621.

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Bankruptcy is a general confiscation of the assets of a bankrupt debtor who is no longer able to pay his debts and is deemed unfit to run his business, then the management and settlement of his assets are carried out by the bankruptcy curator under the supervision of the court supervisory judge. The research method used is using sociological juridical method by analyzing various legal regulations as well as examine behaviors and direct relationships based on an understanding of the law in terms of social phenomena. The focus of this research is limited to the responsibility of the Curator in r

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6

Irwansyah, Dedi, Joni Emirzon, and Putu Samawati. "Curator's Immunity Right Against Civil Claims In The Management Of Bankruptcy Boedel." Dialogia Iuridica 17, no. 1 (2025): 041–60. https://doi.org/10.28932/di.v17i1.10080.

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The uncertainty of legal protection for curators in executing the settlement of bankrupt estates, who often face civil lawsuits. Although curators perform their duties based on court orders, they are not equipped with adequate immunity rights like other legal professions, such as advocates and notaries. The right to immunity is a freedom and or immunity of the curator profession from all lawsuits in carrying out the administration of bankruptcy assets as long as it is carried out in good faith. The lack of immunity for the curator has the effect of disrupting the task of administering the bank

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7

Noviriska and Dwi Atmoko. "The Role of Curators in Bankruptcy Legal Issues Between Debtors and Creditors in Postponement of Debt Payment Obligations (PKPU)." KRTHA BHAYANGKARA 18, no. 3 (2024): 765–85. https://doi.org/10.31599/krtha.v18i3.3477.

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In accordance with article 37 of 2004 concerning bankruptcy and suspension of debt payment obligations (PKPU) Bankruptcy article 1 which explains that a creditor is a person who has receivables due to an agreement or law that can be collected in court. A debtor is a person who has debts due to an agreement or law whose payment can be collected in court. A bankrupt debtor is a debtor who has been declared bankrupt by a court decision. The Curator is the Estate Office or an individual appointed by the Court to manage and settle the assets of the Bankrupt Debtor under the supervision of the Super

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8

Hariyanto. "Optimization of Bankruptcy Assets in the Form of Non-Fungible Token (NFT) by the Curator Based on Indonesian Bankruptcy Law." International Journal of Science and Society 5, no. 1 (2023): 374–88. http://dx.doi.org/10.54783/ijsoc.v5i1.663.

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This research is a normative juridical study of non-fungible token (NFT) regarding the position of NFT in relation to positive law in Indonesia, legal certainty for bankrupt assets in the form of NFT and the efforts that can be made by curators in order to optimize bankruptcy assets in the form of NFT. The results of this study indicate that NFT has met the classification of immovable and indivisible movable objects. The provisions of Article 21, Article 98 and 101 Paragraph (1) of the Bankruptcy Law have provided legal certainty to curators and bankrupt creditors that NFT is a bankrupt asset

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9

Kartoningrat, Raden Besse, and Edi Krisharyanto. "Principles of Statutory Duty and Fiduciary Duty in The Responsibility of The Bankruptcy Curator." Media Iuris 6, no. 2 (2023): 205–30. http://dx.doi.org/10.20473/mi.v6i2.37738.

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AbstractThe curator is a subject of Bankruptcy Law who has complete authority and responsibility for managing and resolving the bankruptcy estate. Curators are required to have integrity and are prohibited from having conflicts of interest with their duties and authorities. The issue raised in this study is the application of the principles of statutory duty and fiduciary duty in the responsibility of the bankruptcy curator. This study aims to identify, understand, and analyze bankruptcy law regarding the curator’s responsibility based on the principles of statutory duty and fiduciary duty. Th

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10

Abdul, Aziz. "Pengecualian Rahasia Bank Bagi Kurator Melalui Putusan Pengadilan Niaga Berdasarkan Undang-Undang Nomor 4 Tahun 2023." Madani: Jurnal Ilmiah Multidisiplin 1, no. 7 (2023): 337–48. https://doi.org/10.5281/zenodo.8231589.

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<em>Bankruptcy is a situation where a debtor is unable to pay their debts to their creditors. If a debtor is declared bankrupt by a court, the administration of the bankrupt assets will be carried out by a curator. The purpose of bankruptcy is to pay the rights of creditors in a certain order. However, the task of the curator is not always easy because there are several obstacles such as uncooperative debtors or conflicting laws and regulations, such as bank secrecy regulated in the Banking Law and the Bankruptcy and PKPU Law. As an example, in Ryan Gunawan Lubis' thesis titled "Jurid

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11

Ketut Eka Patni, Ni, and I. Wayan Wiryawan. "LEGAL PROTECTION OF THE AUTHORITY OF THE CURATOR IN THE MANAGEMENT AND SETTLEMENT OF BANKRUPT ASSETS." SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, dan Pendidikan 2, no. 6 (2023): 1715–28. http://dx.doi.org/10.54443/sibatik.v2i6.926.

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This writing aims to determine the legal protection for the curator in exercising the authority to manage and settle bankrupt assets as well as the duties and authority of the curator in managing and controlling the bankrupt debtor's assets. This paper uses the normative juridical law research method by conducting a study and analysing laws and regulations related to the problem under study so that the results of the research above in the provisions of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt do not guarantee legal protection for curators in

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12

Astiti, Sriti Hesti. "PERTANGGUNGJAWABAN PIDANA KURATOR BERDASARKAN PRINSIP INDEPENDENSI MENURUT HUKUM KEPAILITAN." Yuridika 31, no. 3 (2017): 441. http://dx.doi.org/10.20473/ydk.v31i3.4794.

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This article aimed to criticize the juridical basis of scope of crime mentioned on Law Number 37 of 2004, focuses on criminal responsibility of a curator based on independence principle of bankruptcy law. Essentially, bankruptcy is a part of civil law. However, some bankruptcy cases eventually evolve into criminal matters when a bankruptcy curator who is responsible in handling and administering bankruptcy case is positioned as defendant charged for conducting criminal acts. As stated on Article 234 Verse 2 of Law Number 37 of 2004, a curator who is proven not independent during bankruptcy cou

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13

Wijayanta, Tata, Sheva Trisanda Adistia, Rado F. Leonardus, and B. E. Hermawan. "Evaluation Study of the Chancery Court (Balai Harta Peninggalan) as a Bankruptcy Curator." Pandecta Research Law Journal 18, no. 2 (2023): 300–324. http://dx.doi.org/10.15294/pandecta.v18i2.47655.

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Article 15 of Law Number 34 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt (UUK PKPU) states that in a bankruptcy declaration decision, a Curator and a Supervisory Judge must be appointed from the Commercial Court judges. The curator has the authority to manage and receive bankruptcy assets. The curators referred to under Article 70 paragraph (1) of the PKPU UUK are the Trustees' Office (BHP) and the Individual Curator (Curator). The results of previous research conducted by Pandu Yudha Pratama (2016) and Sheva Trisanda Adistia and Tata Wijayanta (2023) show th

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14

Rukmono, Bambang Sugeng. "THE ROLE OF SUPERVISORY JUDGE IN THE BANKRUPTCY OF FOUNDATION." Yustisia Jurnal Hukum 8, no. 1 (2019): 69. http://dx.doi.org/10.20961/yustisia.v0ixx.28000.

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<p>This article aims to find out how is the role of judges in overseeing the supervisory curator during the liquidation of the Foundation assets which is experiencing bankruptcy, as mandated in The Act No. 28 of 2004 about The Changes of Act no. 16 of 2001 about the Foundation and Act No. 37 of 2004 about Bankruptcy and Suspension of Payments of Debt. This Legal research is doctrinal and perspective. Source of the legal materials are used in the form of primary and secondary legal materials. The technique used in collecting the legal materials is study of librarianship. The technique use

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15

Mulyatno, Ahmad Dwi. "Kewenangan Kurator Untuk Mengurus Perseroan Terbatas Pailit." Asas Wa Tandhim: Jurnal Hukum, Pendidikan Dan Sosial Keagamaan 1, no. 2 (2022): 155–78. http://dx.doi.org/10.47200/awtjhpsa.v1i2.1280.

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The problems in this study are: 1) What is the authority of the curator to manage a limited liability company (PT) in bankruptcy?, 2) What is the curator’s responsibility for managing the bankruptcy estate of a limited liability company (PT) in the event of the curator’s negligence or error in managing a bankruptcy?. This type of research is normative. The technique of collecting legal materials uses literature study. The analytical technique used is qualitative descriptive authority. The results show that: 1) The curator in alimited liability company (PT) bankrupt is the transfer of authority

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16

Saija, Ronald. "Perspektif Sanksi Pidana Kurator Menurut Hukum Kepailitan." PAMALI: Pattimura Magister Law Review 1, no. 1 (2021): 1. http://dx.doi.org/10.47268/pamali.v1i1.480.

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Introduction: Some bankruptcy cases eventually evolve into criminal matters when a bankruptcy curator who is responsible in handling and administering bankruptcy case is positioned as defendant charged for conducting criminal acts.Purposes of the Research: The purpose of writing is to find out and analyze the perspective of curator criminal sanctions according to bankruptcy law.Methods of the Research: Normative juridical research, namely an approach based on legal materials by examining concepts, legal principles and legislation related to this research.Results of the Research: Criminal sanct

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17

Muryati, Dewi Tuti, Dhian Septiandani, and Efy Yulistyowati. "PENGATURAN TANGGUNG JAWAB KURATOR TERHADAP PENGURUSAN DAN PEMBERESAN HARTA PAILIT DALAM KAITANNYA DENGAN HAK KREDITOR SEPARATIS." Jurnal Dinamika Sosial Budaya 19, no. 1 (2017): 11. http://dx.doi.org/10.26623/jdsb.v19i1.682.

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<p>Bankrupt is a situation where the debtor is unable to make payments on his debts to one or more creditors. With the general confiscation against the bankruptcy estate, the management and settlement of property made by a debtor or a curator or Heritage Hall (BHP) under the supervision of the Supervisory Judge who appointed simultaneously by the Commercial Court at the time of the decision of a declaration of bankruptcy debtors. This is in accordance with the provisions of Article 69 paragraph (1) of Law No. 37 of 2004 which states that "the task of the curator is to perform maintenance

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18

Papang Sapari. "PRETRIAL BY CURATOR IN BANKRUPTCY PROCESS (A REVIEW OF THE CASE OF DECISION NO. 89 /PID.PRAP/2016/PN.JAKSEL)." JILPR Journal Indonesia Law and Policy Review 2, no. 2 (2021): 117–30. http://dx.doi.org/10.56371/jirpl.v2i2.48.

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The curator is a party appointed by law through the Decision of the Commercial Court Judge at the District Court in a bankruptcy case to administer Bankruptcy assets. In Law Number 37 of 2004 concerning Bankruptcy and PKPU, the Curator is tasked with increasing the debtor's bankruptcy assets for the benefit of the Creditors as much as possible, but in carrying out these duties, the Curator can be criminalized by both the Creditors and the Debtors themselves. The Bankruptcy Law and PKPU have not guaranteed legal certainty and protection for curators when carrying out their duties. the bankruptc

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19

Okta Putri Setia Ningtias. "Kewenangan Kurator Dalam Mengeksekusi Aset Debitor Pada Kepailitan Lintas Batas (Cross Border Insolvency)." Al Qodiri : Jurnal Pendidikan, Sosial dan Keagamaan 22, no. 2 (2024): 201–15. https://doi.org/10.53515/qodiri.2024.22.2.201-215.

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Article 1 of Law No. 37/2004 on Bankruptcy and Postponement of Debt Payment Obligations, what is meant by Bankruptcy is a general confiscation of all assets of the Bankrupt Debtor whose management and management is carried out by the Curator under the supervision of the Supervisory Judge as regulated in this Law. Guidelines for the execution of the assets of Bankrupt Debtors located outside Indonesia are not regulated in Law Number 37 Year 2004 on Bankruptcy and Suspension of Debt Payment Obligations. Furthermore, Indonesia is not bound by an international agreement related to cross-border ins

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20

Ruswati, Ruswati. "Eksistensi Sita Umum Kepailitan Terhadap Sita Pidana Dalam Pemberesan Harta Pailit." Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora 2, no. 1 (2022): 26–36. http://dx.doi.org/10.55606/khatulistiwa.v2i1.407.

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This journal was created to examine the implementation of the authority of curators and investigators on general confiscation of bankruptcy against criminal confiscations in the settlement of bankrupt assets and their legal certainty. The method used in this research is normative juridical research. The results of the study show that the curator and investigator in carrying out their authority are both based on the laws and regulations, but in practice there is a dispute over the authority attribution between the curator and the investigator regarding confiscation, as referred to in Article 31

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21

Bangun, M. Firman, Achmad Fitrian, and Gatut Hendro TW. "Perlindungan Hukum Kreditor Atas Pembagian Hasil Pemberesan Harta Pailit Oleh Kurator." SALAM: Jurnal Sosial dan Budaya Syar-i 9, no. 6 (2022): 1769–82. http://dx.doi.org/10.15408/sjsbs.v9i5.27737.

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In the Professional Standards for Curators and Administrators issued by the Association of Curators and Administrators of Indonesia (AKPI), a curator is defined as an individual or civil association that possesses the special expertise required to manage and settle bankrupt assets and that has been registered with the Ministry of Justice and Human Rights, as outlined in Articles 69 and 70 of the Bankruptcy Law and its implementing regulations. In this study, the author employs a qualitative descriptive research methodology. The results of this study are to find out what the process and mechani

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22

Ariyanto, Ariyanto. "Akibat Hukum Pemegang Hak Tanggungan Yang Tidak Mendaftarkan Sebagai Kreditor Dalam Kepailitan." Jurnal Hukum Ius Quia Iustum 29, no. 2 (2022): 305–23. http://dx.doi.org/10.20885/iustum.vol29.iss2.art4.

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This study focuses on the dualism of security law and bankruptcy law. The purpose of this study is to identify and analyze two issues: first, the legal consequences for mortgage holders who are not registered as creditors as well as the 60-days expiration of self-execution in bankruptcy; and second,legal protection for mortgage holders who are not registered as creditors following the expiration period for self-execution in bankruptcy. This is a normative legal research with a statutory, conceptual and case approaches. The results of the study conclude: first, the legal consequences for the mo

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23

Thobie, Marchel, and Ariawan Gunadi. "ANALISIS PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA PT UNIVERSAL FOOTWEAR UTAMA INDONESIA AKIBAT KEPAILITAN PERUSAHAAN BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI KASUS PUTUSAN NOMOR 12/PDT.SUS-PKPU/2016/PN. NIAGA.JKT.PST)." Jurnal Hukum Adigama 2, no. 1 (2019): 867. http://dx.doi.org/10.24912/adigama.v2i1.5264.

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The case faced in writing this scientific paper is how the legal protection of the workers of PT Universal Footwear Utama Indonesia who were declared bankrupt in Decision No. 12/Pdt.Sus-PKPU/2016/PN.Niaga. Jkt Ps t who have not paid salaries for 3 months and severance pay until now in 2018 and how the responsibility of the curator for the bankruptcy of PT Universal Footwear Utama Indonesia after auctioning off the auction for salaries and severance labor. The research method used in this study is normative legal research. The results showed that the legal protection of the workers of PT Univer

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24

Al Faridzi, Evans. "Tanggung Jawab Kurator Keperdataan Pegawai Negeri Sipil dalam Pengurusan dan Pemberesan Harta Pailit." Jurist-Diction 5, no. 6 (2022): 2173–92. http://dx.doi.org/10.20473/jd.v5i6.40122.

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AbstractBankruptcy is one of the instruments in overcoming a situation where the payment of an obligation does not run smoothly. Creditors or even debtors themselves can submit bankruptcy applications to the competent Commercial Court to examine whether they meet the requirements for determining bankruptcy status. If it meets the requirements and no objections are raised by the parties, the curator will proceed with the process of managing and clearing the bankruptcy estate. The curators are divided into state curators, namely Balai Harta Peninggalan (BHP) and private curators. In carrying out

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25

Astiti, Sriti Hesti. "PERTANGGUNGJAWABAN PIDANA KURATOR BERDASARKAN PRINSIP INDEPENDENSI MENURUT HUKUM KEPAILITAN." Jurnal Hukum dan Peradilan 5, no. 2 (2018): 277. http://dx.doi.org/10.25216/jhp.5.2.2016.277-298.

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This article aimed to criticize the juridical basis of the scope of crime mentioned on Law Number 37 of 2004, focuses on the criminal responsibility of a Curator based on independence principle of Bankruptcy Law. Essentially, bankruptcy is a part of Civil Law. However, some bankruptcy cases eventually evolve into criminal matters when a Bankruptcy Curator who is responsible for handling and administering bankruptcy case is positioned as Defendant charged with conducting criminal acts. As stated in Article 234 verse (2) of Law Number 37 of 2004, a Curator who is proven not independent during ba

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26

Safirah Maharani Putri and Muhammad Rizal Rustam. "Tinjauan Hukum Terhadap Jaminan Harta Pihak Ketiga dalam Kepailitan yang Dijadikan Harta Pailit Oleh Kurator." Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara 2, no. 1 (2025): 13–25. https://doi.org/10.62383/jembatan.v2i1.1220.

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In bankruptcy proceedings, the presence of third parties whose assets are made part of the bankruptcy estate often leads to legal conflicts. The bankruptcy estate is a collection of assets managed by the curator to pay off the debtor's obligations to creditors. Problems arise when third-party assets, which should not be included in the bankruptcy estate, are included without a clear legal basis. This research aims to analyze the legal remedies that can be taken by third parties to protect their rights and interests. By reviewing the provisions in the Bankruptcy Law, as well as the prevailing p

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27

Siburian, Hendra Harianto S., Bernard Nainggolan, and Dhaniswara K. Harjono. "APPLICATION OF BUSINESS CONTINUITY PROVISIONS IN BANKRUPTCY TO INCREASE THE VALUE OF BANKRUPTCY ASSETS." JILPR Journal Indonesia Law and Policy Review 6, no. 1 (2024): 168–78. https://doi.org/10.56371/jirpl.v6i1.342.

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APPLICATION OF BUSINESS CONTINUITY PROVISIONS (GOING CONCERN) IN BANKRUPTCY TO INCREASE THE VALUE OF BANKRUPTCY ASSETS (Decision No. 54/Pdt.Sus-PKPU/2020/PN Niaga Sby), the aim of this research is to determine the duties and authority of the curator in the management and/or or settlement of bankruptcy assets and to find out the application of the going concern provisions in the bankruptcy of PT. Banjar Intan Mandiri based on Decision No. 54/Pdt.Sus-PKPU/2020/PN Niaga Sby. The research method used in this study is a normative juridical research method with Law no. 37 of 2004 concerning Bankrupt

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28

Wulandari, Mona. "PENGECUALIAN RAHASIA BANK BAGI KURATOR SEBAGAI BENTUK KESEIMBANGAN ANTARA KEPENTINGAN PRIBADI NASABAH DAN KEPENTINGAN UMUM." Juris 9, no. 1 (2025): 41–46. https://doi.org/10.56301/juris.v9i1.1560.

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The principle of bank secrecy regulation is basically not absolute, but relative, which means that the confidentiality of customers remains protected, but if there are certain things the principle of bank secrecy can be set aside. This condition can be an obstacle for the Curator in carrying out his duties because the existence of bank secrecy provisions causes the Curator to be unable to identify and secure the debtor's bank account because in the banking law before the enactment of the Law on Development and Strengthening of the Financial Sector (P2SK) did not regulate it clearly, firmly and

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29

Shevanna Putri Cantiqa and Ema Nurkhaerani. "Implikasi Kepailitan terhadap Keberlakuan Lisensi Merek dan Kedudukan Hukum Penerima Lisensi Menurut Undang-Undang Kepailitan." Aktivisme: Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2, no. 2 (2025): 105–14. https://doi.org/10.62383/aktivisme.v2i2.917.

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Bankruptcy as a debt settlement mechanism in Indonesia has a significant impact on all debtors' assets, including intellectual property rights such as trademarks. In practice, many companies have licensed trademarks to third parties before being declared bankrupt, resulting in legal uncertainty regarding the validity of the license agreement and protection for the licensee. This study aims to examine the implications of bankruptcy on the validity of trademark licenses and analyze the legal position of licensees according to the Bankruptcy Law. The research method used is normative juridical wi

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30

Aprita, Serlika. "WEWENANG DAN TANGGUNG JAWAB HUKUM KURATOR ATAS KESALAHAN ATAU KELALAIANNYA MENGAKIBATKAN KERUGIAN BAGI DEBITOR DALAM PROSES HUKUM PENGURUSAN DAN PEMBERESAN HARTA PAILIT." Solusi 17, no. 2 (2019): 154–74. http://dx.doi.org/10.36546/solusi.v17i2.173.

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ABSTRACT In general, the monetary crisis that hit a country gave an unfavorable influence on the economic life of the country concerned and caused great difficulties in the business community to continue its activities. The ability of the business world to develop its business is very disturbed, even to maintain the continuity of its business activities is also not easy. It was decided that a debtor becomes a bankrupt debtor by the Commercial Court, it will cause legal consequences for the debtor and his assets. In connection with the loss of the right to control and manage the assets of

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31

Ayu, Rizky Saputri1, and Ispriyarso Budi. "The Responsibility of the Curator for Settlement of Bankruptcy Boedel if Enforced by Criminal Confiscation." International Journal of Social Science and Human Research 04, no. 07 (2021): 1632–40. https://doi.org/10.5281/zenodo.5074298.

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: General confiscation applies at the time the bankruptcy decision is passed, this matter also causes the entire confiscation of the assets of the bankrupt debtor to be written off. However, in practice in Indonesia there are still various kinds of seizures that can still be imposed on debtor's assets other than general confiscation, such as civil confiscation, criminal confiscation, or tax confiscation. The problem is how to regulate and implement the bankruptcy seizure in” Law No. 37 of 2004 concerning Bankruptcy and PKPU” and what is the responsibility of the curator in reso

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32

Suryanti, Nyulistiowati, Deviana Yuanitasari, and Hazar Kusmayanti. "The Status of Property Granted in The Provisions of Bankruptcy Law in Indonesia." Jurnal IUS Kajian Hukum dan Keadilan 13, no. 1 (2025): 38–54. https://doi.org/10.29303/ius.v13i1.1593.

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In carrying out their obligations to pay debts, Debtors often make various efforts to avoid having their assets being included in the guarantee of payment. Moreover, Debtors occasionally contrive, by providing grants, their assets in the bankruptcy decision to not be subsumed in the bankruptcy court. The aim of this research is to analyze how the arrangements for giving grants made by Bankrupt Debtors are reviewed from the Civil Code and Bankruptcy law as well as the role of the Curator in protecting Creditors and Debtors in the bankruptcy process. This research uses a normative juridical appr

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33

Mamusung, Louis Z., and Ariawan Gunadi. "Penerapan Keberlanjutan Operasional Perusahaan Pailit dalam Perspektif Hukum Kepailitan di Indonesia." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 13, no. 4 (2024): 804. https://doi.org/10.24843/jmhu.2024.v13.i04.p04.

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The research objective of this article is to evaluate whether bankruptcy law policies in Indonesia are adequate in supporting operational sustainability and recovery of bankrupt companies and to analyze the role of curators and commercial courts in the operational sustainability process of bankrupt companies. The research method used in this article is a normative legal research method with a statutory approach and a conceptual approach. The research results show that bankruptcy law policy in Indonesia is inadequate and still has many shortcomings in supporting the recovery and operational sus

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Hogg, Martin, Eric Dirix, and Jasper Backx. "Hoge Raad, 5 September 1997, Ontvanger/Hamm q.q." European Review of Private Law 8, Issue 3 (2000): 507–21. http://dx.doi.org/10.54648/273256.

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The facts of the case are as follows. A company, Wolfson Informatica B.V., had been declared bankrupt on 4 September 1992 and Hamm was appointed its curator in bakruptcy by the district court. About ten months later the curator received a letter from the tax collector which stated that Wolfson Informatica B.V. had a right to restition of 12.069 guilders. Included with the letter was a standard return-form requesting Wolfson Informatica B.V. to indicate how they wished to receive this money. On 4 August 1993 the curator sent the completed return-form to the tax collector and by the end of Augus

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Felicia, Situmorang, Haryanto Imam, and Sakti Muthia. "Legal Certainty of Payment of Receivers' Fees in the Event That Bankruptcy is canceled by the Court." International Journal of Social Science and Human Research 07, no. 07 (2024): 5202–12. https://doi.org/10.5281/zenodo.12747694.

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This research examines the implementation of payment of curatorial services in the event of annulment by the Court of the Supreme Court Decision. This study also describes the legal certainty of payment of curatorial fees from the side of the curator, debtor and creditor. Normative research is research that refers to legal norms contained in legislation and court decisions. The author uses the 1945 Constitution, Law of the Republic of Indonesia Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, Regulation of the Minister of Law and Human Rights of the Republic

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Hartini, Rahayu. "Curator's legal efforts in executing state-owned enterprise assets in bankruptcy." AMCA Journal of Community Development 1, no. 2 (2021): 27–30. http://dx.doi.org/10.51773/ajcd.v1i2.65.

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The task of the Curator in Bankruptcy is to administer and settle the bankruptcy estate. It is also the curator who must carry out the execution of the bankrupt assets. In practice, it is not easy, and there are several obstacles faced, especially when the debtor in bankruptcy is a Limited Liability Company in the form of a State-Owned Enterprise Persero. Until now, there are no assets of BUMN PT Persero (in bankruptcy) that can be executed. The purpose of this study is to find out how the execution of assets of P.T. Kertas Leces Persero (in bankruptcy) and what the curator’s efforts are about

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Pratama, Prila Wahyu, and Akila Nuranisa. "PROBLEMS MANAGEMENT OF BANKRUPT ASSETS BY THE CURATOR AFTER THE EFFECTIVE EFFECTIVE COURT DECISION." UNTAG Law Review 7, no. 2 (2023): 77. http://dx.doi.org/10.56444/ulrev.v7i2.4115.

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<p><em>The management of bankrupt assets that the court has given authority to the curator and supervisory judge has difficulties and problems such as the difficulty of conducting auctions and selling assets from bankrupt assets and it is also exacerbated by the bankruptcy mafia game in playing with prices during auctions. Using the normative juridical research method, the authors found that problems had indeed occurred and there had been no harmonization of rules and not firm enough rules regarding the independence of curators and also how the management of bankruptcy assets could

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Bhagawanthi Pemayun, Cok Istri, and I. Ketut Westra. "KEWENANGAN KURATOR DALAM PEMBERESAN ASET DEBITOR PAILIT YANG BERUPA SAHAM PADA PERSEROAN TERBATAS." Kertha Semaya : Journal Ilmu Hukum 8, no. 8 (2020): 1180. http://dx.doi.org/10.24843/ks.2020.v08.i08.p06.

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Penulisan ini bertujuan untuk mengetahui kewenangan kurator serta upaya yang dapat dilakukan kurator dalam melakukan pemberesan aset debitor berupa saham pada perseroan terbatas. Penelitian ini menerapkan metode penelitian hukum normatif dengan pendekatan perundang-undangan serta pendekatan konseptual. Hasil studi terhadap permasalahan yang ada adalah kurator berwenang dalam membereskan aset debitor pailit sesuai ketentuan Pasal 185 ayat (1) Undang-Undang Kepailitan dan Penundaan Kewajiban Pembayaran Utang sehingga kurator dapat melakukan penjual di muka umum terhadap aset debitor pailit yang

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Yuhelson and Maryano. "The Priority Distribution of Wealth the Debtor’s Bankrupt (Boedel Bankruptcy) Towards Separatist and Preferential of Creditor Based on Principles of Fairness and Legal." Southeast Asia Law Journal 2, no. 1 (2018): 1. http://dx.doi.org/10.31479/salj.v2i1.66.

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<p>Indonesia modern civil law development lasted to align with community life progress. In 1998 made bankruptcy laws reform of colonial legacy, which was revised in 2004 by Law No. 37. Additionally, the bankruptcy law instruments sourced on the Civil Code and some other provisions. After the court decision on bankruptcy declaration, bankruptcy process was arrangement and distribution of wealth the debtor’s bankrupt (boedel bankruptcy) by curator. So far, the difficulty legal curator instrument cared and settled bankruptcy estate. The prioritization of splitting on the preference and sepa

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Br Siahaan, Yanti Tiara. "Analisis Yuridis Pertanggungjawaban Pidana Kurator Terhadap Tindak Pidana Penggelapan Dalam Proses Pemberesan Harta Pailit." Law, Development and Justice Review 7, no. 2 (2024): 175–91. http://dx.doi.org/10.14710/ldjr.7.2024.175-191.

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AbstrakTujuan dari penulisan ini adalah untuk mempelajari peran kurator dalam pengolahan dan pemberesan harta pailit serta konsekuensi pidana terhadap kurator yang melakukan penggelapan berdasarkan Undang-Undang Nomor 37 Tahun 2004 tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang serta Kitab Undang-Undang Hukum Pidana. Dengan menggunakan metodologi penelitian kualitatif, hasilnya adalah elindungi hak hak kreditur atas tindakan kurator dan menghukum kurator yang melakukan tindak pidana selama proses pemberesan harta pailit. Salah satu perlindungan yang diberikan kepada debitor adalah

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Sagala, Liwarny, Sunarmi Sunarmi, Mahmul Siregar, and Tony Tony. "Perbuatan Hukum Kurator Dalam Melakukan Penjualan Tanah Dan Rumah Atas Dasar PPJB Dan Menjadi Objek Pailit (Studi Putusan Mahkamah Agung No 436/Pdt.Sus-Pailit/2019)." Journal of Law & Policy Review 1, no. 2 (2023): 136–45. http://dx.doi.org/10.34007/jlpr.v1i2.322.

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In 2009 PT. Sarwo Indah sold one of the housing units in Merapi Regency with Lie Anita (hereinafter referred to as LA). In the process of settling the bankruptcy assets of PT. Sarwo Indah experienced legal problems which later became the focus of this research. As in the Determination of the Supervisory Judge in case Number: 02/Pailit/2011/PN. Commerce. Smg, dated 13 June 2014, one of the contents was the determination of the Curator appointed by PT. Sarwo Indah (in bankruptcy) on behalf of Nasrullah Nawawi. The type of research in this research is normative juridical. This type of research wa

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Manullang, Robert, and Muhammad Taufiq. "ANALISIS YURIDIS ATAS PEMBATALAN PERBUATAN HUKUM DEBITUR PAILIT (ACTIO PAULINA) DIKAITKAN DENGAN PERAN DAN FUNGSI KURATOR." JURNAL ILMIAH LIVING LAW 10, no. 2 (2018): 92. http://dx.doi.org/10.30997/jill.v10i2.1495.

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The study referred to Verdict No. 1/ Actio Paulina/ 2011/ Commercial District Court of Makassar. The object of this research is to analyze the legal implications of the cancellation of legal deeds of Debtors who have been declared bankrupt and know the authority of the Curator in performing its functions and roles after the decision of bankruptcy stipulated by the court. The research method used is normative with secondary data as a data source, which analyzed qualitatively and the results are presented descriptively. The results shows the creation of legal certainty in Article 41 paragraph (1

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Sultan, Almas. "Kewenangan Kurator atas Implementasi Business Going Concern Principle dalam Pengurusan Boedel Pailit." Jurnal Officium Notarium 3, no. 2 (2023): 101–8. http://dx.doi.org/10.20885/jon.vol3.iss2.art1.

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Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations was formed to distribute the debtor's bankruptcy debt to creditors proportionally and fairly. A company that has been declared bankrupt but does not yet have insolvent status is not considered to have ended so bankruptcy will not stop business operations or can be called a business going concern. According to this law, companies can continue their operations even though they are deemed unable to pay their debts. This is different from what is explained in the Limited Liability Company Law which requires the dissolut

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Ruslina, Elli, Siti Rodiah, and Benny Wulur. "General Confiscation Versus Criminal Confiscation in Regard to Curators’ Authority and Responsibility in Bankruptcy Settlement Process." Sociological Jurisprudence Journal 3, no. 2 (2020): 112–16. http://dx.doi.org/10.22225/scj.3.2.1803.112-116.

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The process of bankruptcy general confiscation sometimes clashes with criminal confiscation process. The present study aims to look at curators’ authority and responsibility to sell bankrupt properties, which have been confiscated by investigating officers in a case of criminal confiscation. It also delves into the legal ramifications that may occur and into the concepts of bankruptcy settlement. This study employs a juridical normative method and the necessary legal material are collected through literature study. The legal material are analyzed in juridical qualitative approach, using a comp

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Sunaryo, Sunaryo, and Dina Haryati Sukardi. "Tanggung Jawab Kurator Dalam Perkara Kepailitan Berdasarkan Prinsip Independensi." Justicia Sains: Jurnal Ilmu Hukum 8, no. 1 (2023): 42–53. http://dx.doi.org/10.24967/jcs.v8i1.2309.

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The curator must be independent and not have a conflict of interest because the curator has such great authority over bankruptcy assets. The research used in this research is normative legal research. This is because researchers use library materials as data to analyze cases in the preparation of this study. provisions regarding the principle of independence are emphasized in the Code of Ethics of the Indonesian Curator and Administrator Association (AKPI) which states that in every appointment received, members of the Indonesian Curator and Administrator Association (hereinafter referred to a

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Zakia Fhadillah, Ni Made Yordha Ayu Astiti, Mochamad Cholil, Muhammad Amirul Alfan, and Maghfirah Aliefia. "Problematika Kepailitan Transnasional Terhadap Pengurusan dan Pemberesan Aset Debitur Pailit." Notaire 6, no. 2 (2023): 307–24. http://dx.doi.org/10.20473/ntr.v6i2.43545.

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AbstractDecisions regarding bankruptcy issued by the Indonesian Commercial Court have several legal consequences. One of the legal consequences that arises is regarding the legal authority of the debtor to be able to manage his assets. Since the bankruptcy decision, the debtor’s assets will be subject to general confiscation. However, in implementing the bankruptcy decision, managing the assets of a bankrupt debtor is not as easy as one might imagine. Therefore, this article was created to analyze problems regarding the implementation of bankruptcy decisions such as the authority of foreign co

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Nasution, Alvin Hamzah. "Evaluation of Reliability Parameters of a Cement Manufacturing Plant by using Supplementary Variable Technique." International Journal of Research and Review 10, no. 3 (2023): 334–39. http://dx.doi.org/10.52403/ijrr.20230338.

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In particular, Article 40 of Law Number 37 of 2004 concerning Bankruptcy and PKPU regulates that the curator may not take an inheritance during bankruptcy that descends to the bankrupt debtor unless it benefits the bankrupt assets. This piece specifically warns the curator not to become a bankrupt banker by being cautious when collecting the debtor's assets. In reality, it is not unusual for the debtor's heirs to decline to provide security for the seizure of the deceased debtor's assets to be used as collateral for repayment of the debt by the creditor. This refusal increases the weight of lo

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Baiq Imanul Hamdi and Siti Anisah. "Implementasi Asas Kelangsungan Usaha (Going Concern) terhadap Notaris Pailit." Jurnal Hukum dan Sosial Politik 3, no. 2 (2025): 206–19. https://doi.org/10.59581/jhsp-widyakarya.v3i2.5218.

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The legal mechanism of bankruptcy relies on the concept of debt, because the absence of debt undermines the fundamental purpose of bankruptcy as a legal institution to liquidate the debtor's assets to satisfy creditors' claims. Debt is the main criterion that must be met in order to be able to apply for bankruptcy, along with additional provisions such as having two or more creditors, as stipulated in Article 2, paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (Bankruptcy Law). Notaries who have completed the bankruptcy process and are und

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Zulkarnain, Debi, Maryano Maryano, and Marni Emmy Mustafa. "KEPASTIAN HUKUM AKTA PEMBERIAN HAK TANGGUNGAN TANPA SEPENGETAHUAN KURATOR ATAS HARTA DEBITOR PAILIT DAN AKIBAT HUKUMNYA." SENTRI: Jurnal Riset Ilmiah 3, no. 3 (2024): 1309–17. http://dx.doi.org/10.55681/sentri.v3i3.2415.

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        Bankruptcy is a general seizure of all the assets of a bankrupt debtor whose management and settlement is carried out by the curator under the supervision of the Supervising Judge. The debtor by law loses his right to control and take care of his property included in the bankruptcy estate from the date of the decision on the declaration of bankruptcy. The phenomenon that occurs is the transfer of the bankrupt debtor's property to another party after the bankruptcy decision is pronounced by The Commercial Court without the knowledge of the

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Wijayanta, Tata, and Sheva Trisanda Adistia. "DEVELOPMENT OF THE HERITAGE CENTER AS BANKRUPTCY CURATOR." Jurnal Pembaharuan Hukum 11, no. 1 (2024): 1. http://dx.doi.org/10.26532/jph.v11i1.34435.

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This study aimed to find out and analyze the implications of the regulation of the Curator in Law No. 37 of 2004 on the Semarang Heritage Agency and the development of the Heritage Agency as bankruptcy curator. This study was empirical normative legal research that combined normative legal research and empirical legal research presented in a descriptive qualitative analysis. This research found that the change in Law No. 37 of 2004 was to add another curator besides the Heritage Agency. The results of the study and discussion show that the implication of setting the curator as the administrato

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